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What I am saying is that they wasted their time in doing so.
Those millions of dollars would have been better spent working on their networks. Of course, the way that the MSOs and Telcos are built make them want to spend money on legistlation. What has been prevented are muni networks. But nobody has stopped overbuilders.
If you want my existence proof, let's use Google Fiber. If it was an awesome business, Google Fiber would just do every home in the US right now. But they don't. They wait to get as much concession from a city as they can and then proceed slowly. I note in comparison to how fast FiOS was built in comparison to Google Fiber. The thing is that Google spends a lot of its money doing other (and some of them much more profitable) things.
So, let's figure out why this is. You are going to spend a lot of capital to build a network. Then you are going to enter the market (in any size metro) as the number 3 player. While you are building, the incumbent telco and mso can go build an equivalent network and essentially lock you into that number 3 position. Why is that a good idea?
If you want Universal High Speed Broadband Access, then we need to make it a Universal Service with escalatiing bandwidths and fixed pricing per Gigabyte. Then the network gets built and pricing gets managed. All the notions of competition in the Access Network have failed. Not sure why we keep beating that drum.
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